21-081 Amendment #3 dated 12-6-24 to Employment Agreement for City Attorney
Page 1
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY ATTORNEY
This Third Amendment to Employment Agreement (the “Agreement”) is made and entered into
this 3rd day of December, 2024, by and between the CITY OF CUPERTINO, STATE OF
CALIFORNIA, a Municipal Corporation, by and through its City Council (“EMPLOYER”), and
Christopher D. Jensen (“EMPLOYEE”) and, together with EMPLOYER, the “PARTIES”.
RECITALS:
A. EMPLOYER is a Municipal Corporation of the State of California.
B. The City Council of the City of Cupertino, in accordance with the provisions of its
Municipal Code, desires to employ the services of EMPLOYEE as City Attorney.
C. EMPLOYEE desires to accept employment as Cupertino City Attorney.
D. It is the desire of both EMPLOYER and EMPLOYEE to set forth the terms and
conditions of said employment.
E. The PARTIES now wish to amend the Agreement with this Third Amendment to
Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the PARTIES
agree as follows:
ARTICLE III: COMPENSATION
Section 3.01 Compensation
A. EMPLOYER agrees to pay to EMPLOYEE for services rendered by him pursuant to this
Agreement an annual base salary of $310,500, payable at the same time as other employees of
EMPLOYER are paid.
B. Beginning on January 1, 2026, EMPLOYEE’s salary shall be increased by the same percentage
and at the same time as any discretionary across-the-board increase in base annual compensation granted
to exempt management employees covered by the Unrepresented Employees’ Compensation Program.
EMPLOYEE’s salary shall be paid on a bi-weekly basis at the same time as other employees of the City
are paid. Such salary shall be adjusted for payroll taxes, workers' compensation, and other payroll-related
liability costs as determined by the City.
ARTICLE V: SEPARATION FROM CITY SERVICE AND NOTICE
Section 5.01 Termination of Employment by City and Severance
B. If the EMPLOYEE is terminated by EMPLOYER prior to expiration of this Agreement while
still willing and able to perform the duties of the City Attorney, EMPLOYER agrees to pay EMPLOYEE
a single lump sum payment made on the effective date of termination in an amount equivalent to nine (9)
Page 2
months aggregate salary and aggregate medical benefit allowance if there are nine (9) or more months
prior to the expiration date of this Agreement. Any such payment will release EMPLOYER from any
further obligations under this Agreement. As a condition precedent to EMPLOYER’s willingness to
provide said severance payment, EMPLOYEE agrees to execute and deliver to EMPLOYER a release
releasing EMPLOYER of all claims that EMPLOYEE may have against EMPLOYER and
contemporaneously provide said release to EMPLOYER at the time of the severance payment is made to
EMPLOYEE in a form mutually acceptable to the PARTIES.
Any severance payment shall exclude all other benefits such as retirement, vision, and dental
benefits. In addition, vacation and sick leave accrual shall immediately cease upon the date of City’s
notification to EMPLOYEE that his employment will be terminated. The severance pay shall be computed
from the effective date of EMPLOYEE’s termination. The intent of these provisions is to comply with
Government Code section 53260.
All other terms and conditions of the Agreement and any amendments shall be unchanged and
remain in full force and effect.
IN WITNESS WHEREOF, EMPLOYER has caused this Agreement to be signed and executed in
its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this
Agreement, both in duplicate, to be effective the day and year first above written.
ATTEST: CITY OF CUPERTINO
Date: ____________________________ Date: ____________________________
_________________________________ _________________________________
“EMPLOYEE” Mayor
_________________________________
City Clerk
APPROVED AS TO FORM:
_____________________________________
Senior Assistant City Attorney
Christopher D. Jensen
12/4/2024
Sheila Mohan
12/6/24
Third Amendment to Employment Agreement
for City Attorney
Final Audit Report 2024-12-06
Created:2024-12-04
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAn50SK4VrbzA3c6vieWw5UTTDFK4nZFZR
"Third Amendment to Employment Agreement for City Attorney"
History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2024-12-04 - 6:45:26 PM GMT- IP address: 64.165.34.3
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2024-12-04 - 6:51:08 PM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
2024-12-04 - 6:51:26 PM GMT- IP address: 52.202.236.132
Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
2024-12-04 - 6:53:40 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-12-04 - 6:53:42 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Michael Woo (michaelw@cupertino.org) for signature
2024-12-04 - 6:53:44 PM GMT
Email viewed by Michael Woo (michaelw@cupertino.org)
2024-12-04 - 6:53:52 PM GMT- IP address: 3.232.50.116
Document e-signed by Michael Woo (michaelw@cupertino.org)
Signature Date: 2024-12-04 - 6:57:35 PM GMT - Time Source: server- IP address: 73.170.186.236
Document emailed to smohan@cupertino.org for signature
2024-12-04 - 6:57:36 PM GMT
Email viewed by smohan@cupertino.org
2024-12-04 - 6:57:44 PM GMT- IP address: 52.202.236.132
Email viewed by smohan@cupertino.org
2024-12-06 - 1:28:02 AM GMT- IP address: 52.202.236.132
Signer smohan@cupertino.org entered name at signing as Sheila Mohan
2024-12-06 - 4:33:30 PM GMT- IP address: 24.6.140.27
Document e-signed by Sheila Mohan (smohan@cupertino.org)
Signature Date: 2024-12-06 - 4:33:32 PM GMT - Time Source: server- IP address: 24.6.140.27
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-12-06 - 4:33:33 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-12-06 - 4:33:42 PM GMT- IP address: 52.202.236.132
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-12-06 - 10:16:03 PM GMT - Time Source: server- IP address: 73.241.178.249
Agreement completed.
2024-12-06 - 10:16:03 PM GMT